(CANADA) — Foreign workers and international graduates in Canada have the right to work only in the way their immigration authorization allows, and the New Work Licence Framework rolling out in January 2026 changes how that authorization is granted, conditioned, and enforced.
The right at issue: the right to work under a valid Canadian authorization
In Canada, the “right to work” for most non-citizens is not a constitutional right. It is a statutory and regulatory permission tied to immigration status. Practically, that permission has long been issued through work permits, including the widely used open work permit.
Canada’s New Work Licence Framework signals a policy shift toward more structured, employer-linked or sector-linked authorization.
This guide explains what that means in day-to-day terms: who is affected, how to keep working legally, and what to do if an employer or official action puts your status at risk.
Legal basis (Canada) and why it matters
Work authorization for foreign nationals in Canada typically arises under:
- Immigration and Refugee Protection Act (IRPA) (federal statute)
- Immigration and Refugee Protection Regulations (IRPR) (federal regulations)
- IRCC program delivery instructions and public policies (administrative rules that can affect eligibility and process)
The government’s public rationale, as reflected in statements from IRCC leadership, is to tighten selection, align with labour market needs, and reduce misuse. Canada has also published its broader planning context in its Immigration Levels Plan 2026–2028 (IRCC notice page) on Canada.ca, and regulatory notices may appear in the Canada Gazette.
Because the January 2026 change is a framework rollout, specific eligibility and transition rules may be implemented through phased regulations, instructions, and operational bulletins. That means details can change quickly and can vary by category.
Who has this “right” and who does not
1) Canadian citizens
- Canadian citizens have an unrestricted right to work in Canada and do not need IRCC authorization.
2) Permanent residents (PRs)
- Permanent residents generally may work for any employer, in any occupation, without a work permit.
- PR status can still be lost for non-compliance with residency obligations or serious inadmissibility issues.
3) Temporary residents with work authorization (most affected)
- This group includes many foreign workers and graduates. Their ability to work depends on the conditions on their document.
- Under the New Work Licence Framework, many who once relied on an open work permit may face new limits, such as employer, occupation, wage band, or sector conditions.
Groups highlighted in the January 2026 phase-in include:
– Post-Graduation Work Permit (PGWP) holders transitioning into a Post-Graduation Work Licence
– Spouses and common-law partners of foreign workers and international students (more changes expected in 2027)
– Other categories of temporary foreign workers (broader transition expected by 2028)
4) Visitors and people without status
- Visitors generally cannot work in Canada without work authorization.
- People without status also generally cannot work lawfully; unauthorized work can create immigration and future admissibility problems.
- Canada has discussed narrow pathways for certain undocumented workers in specific sectors, but those are typically limited and fact-specific. Do not assume eligibility without legal screening.
What changes in January 2026: the practical effect of the New Work Licence Framework
The policy description indicates a phased move away from broad, flexible work authorization toward targeted, structured authorizations.
Phase 1 (January 2026): Focus on PGWP holders
If you are a recent graduate, your ability to keep working may become more dependent on:
– A qualifying job offer, and
– The occupation being on a high-demand or “critical” list
Key implication: a degree alone may not keep you eligible to work—your job and occupation classification may matter more than before.
Phase 2 (2027): Spouses and common-law partners
- Many spouses who previously obtained open work permits may need to qualify through a specific sector or other criteria.
- Two-income household planning may become harder without advance preparation.
Phase 3 (2028): Broad transition
- By 2028, the framework is described as ending most broad authorizations and expanding structured licensing across categories.
Warning Callout (Status Risk): Working outside the conditions of your authorization can jeopardize future extensions and may trigger enforcement issues. If your new licence is employer- or sector-tied, “side jobs” can be risky.
How to exercise your right to work legally under the new framework
Step 1: Read your conditions like a checklist
Whether your document is still called a permit or becomes a licence, the most important items are the conditions:
– Employer name (if listed)
– Occupation or sector limits (if listed)
– Work location limits (if listed)
– Expiry date
– Any wage or hours constraints referenced in your approval or portal
Do not rely on what a recruiter or coworker says. Conditions come from IRCC documentation.
If applying around January 6, 2026, verify the exact $155 fee and submission steps on IRCC’s site. Fees can change—double-check to avoid delays or rejected applications that could interrupt your work.
Step 2: Keep proof of ongoing eligibility
In a more structured system, foreign workers may need better recordkeeping. Keep:
– Signed job offer and any amendments
– Pay stubs and T4s
– Work schedule records
– Evidence your duties match the stated occupation
If your authorization is tied to a shortage occupation, your job duties matter. A title alone may not suffice.
Step 3: File extensions early, and track fee changes
- Note the standardized $155 application fee effective January 6, 2026 for new work permit submissions.
- Fees and forms can change—confirm amounts on Canada.ca before filing.
Deadline Callout (Fees and Filing): If you plan to apply around January 6, 2026, confirm the correct fee and submission steps on IRCC’s site. A rejected submission can put continued work at risk.
Step 4: If you need to change employers, plan for the authorization gap
Under an open work permit, changing employers was usually simple. Under employer-linked or sector-linked licensing, changing employers may require:
– A new authorization
– Updated employer compliance steps
– Waiting for approval, unless a bridging mechanism applies
Ask a lawyer whether you can work during processing. That depends on the category and current rules.
Step 5: International travel: do not assume you can re-enter and work
Work authorization is not the same as entry permission. If you travel, you must still be admissible at the port of entry and have correct documentation.
Bring:
– Passport, valid visa or eTA (if required)
– Work authorization approval details
– Current job letter and recent pay stubs
If your status is in transition, travel can add risk. Consider legal advice before leaving Canada if you have a pending change.
Common ways people lose or waive their work rights
1) Working outside conditions
– If your authorization is employer- or sector-specific, taking a second job outside the permitted scope can be a problem.
2) Letting status expire
– If your document expires, you may lose the ability to work. Some applicants may qualify to keep working while a timely extension is pending, but that depends on current Canadian rules and your category.
3) Relying on employer “assurances”
– Employers sometimes misunderstand licensing rules. You are typically responsible for complying with your conditions.
4) Misrepresentation
– Providing incorrect information in an application can have severe consequences, including refusals and multi-year inadmissibility. Even “helpful” edits by third parties can create risk.
Warning Callout (Misrepresentation): Never sign an application you have not read. If an agent or employer prepared it, review every answer and attachment.
What to do if your rights are violated at work
Immigration status can make workers hesitant to report wage theft or unsafe conditions. In many cases, Canadian labour standards protect workers regardless of nationality, and there are pathways to report employer misconduct.
Practical steps:
1. Document everything: schedules, threats, pay records, and job duties.
2. Avoid quitting impulsively: if your licence is employer-tied, quitting may affect status. Get legal advice first when possible.
3. Seek help from worker-support organizations: community clinics and legal aid resources can help you plan safely.
4. Consult an immigration lawyer: especially if your employer threatens to “cancel your papers,” withholds documents, or pressures you to work outside authorized terms.
If you believe an IRCC decision is wrong, ask counsel about:
– Reconsideration requests
– Re-application strategies
– Judicial review timelines in Federal Court (time limits can be short)
Cross-border note: U.S. immigration rules are separate
Some Canadian temporary residents also interact with U.S. immigration rules for work trips, assignments, or future plans. The U.S. system has different statutory bases and enforcement structures.
For readers tracking U.S. options, note that U.S. work authorization is governed by the Immigration and Nationality Act (INA) and DHS regulations, including:
– INA § 101(a)(15)(H) (H-1B classification framework)
– 8 C.F.R. § 214.2(h) (key H-1B regulatory provisions)
– 8 C.F.R. § 274a.12 (classes of employment authorization in the U.S.)
Canada’s New Work Licence Framework does not create U.S. work rights. If you are considering a U.S. petition (such as H-1B), speak with a U.S. immigration attorney about timing, travel, and status implications.
Where to check official updates (Canada)
Because the framework is rolling out in phases, the safest practice is to confirm changes directly with official sources:
– IRCC main site and program updates (Canada.ca)
– Immigration Levels Plan 2026–2028 (IRCC notice page)
– Regulatory notices (Canada Gazette)
Getting legal help
If you may be affected by January 2026 changes, consider a consult before your next renewal or job change. Ask the lawyer:
– Whether your current authorization is “open” or condition-limited
– What triggers a new licence application
– How to change employers safely
– Whether your long-term plan should shift to a PR pathway
For U.S. matters, use national referral tools and confirm licensure in the relevant state.
Resources:
– AILA Lawyer Referral
⚖️ Legal Disclaimer: This article provides general information about immigration law and is not legal advice. Immigration cases are highly fact-specific, and laws vary by jurisdiction. Consult a qualified immigration attorney for advice about your specific situation.
Starting January 2026, Canada’s New Work Licence Framework replaces open work permits with employer-specific or sector-linked licenses. This phased rollout begins with graduates, followed by spouses in 2027. The policy aims to align foreign labor with critical market needs. Workers must monitor new conditions, document their duties, and prepare for higher application fees to maintain legal status and avoid enforcement actions or future inadmissibility.
